HomeMy WebLinkAboutContract 26496 CITY SECRETARY ('
CONTRACT NO. -
CONSENT AGREEI-IENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNT" OF TARR-ANT
THIS AGREEMENT is made and entered into by and between
the City of Fort Worth, a municipal corporation of Tarrant County,
Texas, acting herein by and through its duly authorized Building
Official, herinafter referred to as the "City"' and SEiFORT—H ROOFING
COMPANY, INC.
acting b% and through its duly authorizers VICE—PRF.sTnFN'P,
GEORGE J. ROSADO , hereinafter rete:-red to as
"Grantee".
WITNESSETH:
For and in consideration ofthe G c.::r.. b v-a,:ee of the
charges set out below and the true and faithful oer formance of the
mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portions of
the space under, on and,%or above the s-`reets, alleys, Side 'val.ks or otilei
public rights-of-way as follo� s:
FOURTH STREET BETWEEN MAIN AND HOUSTON S;01
(PARKING METERS 3142 AND 3146; DELIVERY LANE, SOUTH LANE, SIDEWALK)
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The location and description of said encroachment is more particularly
described in Exhibit "B" attached hereto, incorporated herein and made
a part hereof for all purposes.
2.
All use and occupancy of public streets, alleys, sidewalks or other
public rights-of-way under this agreement shall be in strict compliance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Official and the Director of Transportation
and Public Works of City.
3.
Upon expiration of this agreement and the privileges granted
hereunder, there shall be no encroachment by Grantee in, under, on or
above the surface of the public rights-of-way involved.
4.
Grantee agrees to pay in advance an encroachment fee for the
temporary privilege of encroaching upon a portion of the public rights-
of-wav as described in Exhibit "B". Said fee is calculated in the manner
and amounts prescribed by the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated total
amount of said fee is
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5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future traffic control
devices or other improvements affected by such encroachment, use and
occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its political subdivisions. In the
event that any installation, reinstallation, relocation or repair of an-,
existing or future traffic control device or improvement owned or
constructed by or on behalf of the public or at public expense is made
more costly,- b`- virtue of the existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to such additional
cost as determined by City-.
6. ,a
The term of this agreement shall be for At9- days, from 011,0412001
to 0249 9 1/01 Provided, however, should the need for the encroachments
granted hereunder at any time cease, Grantee agrees to immediately
notify- City of such condition; and, upon receipt of such notice by the
Building Official ofthe City of Fort Worth, this agreement shall
terminate.
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7.
It is expressly understood and agreed that this Consent Agreement
is for a temporary encroachment in, under, over and upon the public
property as located and described in Exhibit "B". This agreement shall
not be construed as the granting of a permanent easement, encroachment
or license upon City's public streets, alleys, sidewalks or other rights-of-
way.
8.
City, through its duly authorized representatives, shall have the full
and unrestricted right to enter upon all public rights-of-way for the
purpose of making inspections to determine compliance with the terms,
covenants and conditions herein. In the event that any inspection should
reveal a breach of any terms, covenants or conditions herein, City shall
give Grantee notice of such breach. Should such breach not be
corrected by Grantee within twenty-four (24) hours of receipt of the
notice, or within such shorter period of time as deemed necessary by the
Building Official for the protection of public health or safety, City may
terminate and cancel this agreement.
9.
I p atio terms;., tion ^f tl;1S agreement for ani reason
Lpc.: ,xYtr ���. or , .......a.i„ . �.
whatsoever, Grantee shall, at no expense to Citv, restore the public
rights-of-way and adjacent supporting structures to a condition
acceptable to the Director of Transportation and Public Works or hi.
O RI 8 L PEC OND
duly authorized representative and in accordance with then existing itlrvy mclo ,Qy
specifications, and Grantee shall remove all barricades, equipment, wo,[,�,THo � o
supplies, materials or other property from said location. Grantee further
covenants and agrees that for a period of one (1) year after the
termination of this Consent Agreement, Grantee will repair all conditions
or damages too the streets and sidewalks or other rights-of-,vay that
have resulted from Grantee's use or occupancy of the streets and
sidewalks or other rights-of-way, as determined by the Director of
Transportation and Public Works or his designee. Grantee agrees to
begin such repairs within thirty (30) days of receipt of notice from the
Director of Transportation and Public Works or his designee. All
repairs shall be performed in an expeditious and workrnanlike manner
and shall comply with all applicable laws, codes, ordinances and City
specifications.
In the event that Grantee fails to comply with the covenants herein
contained with respect to such removal or restoration, the City shall have
the rig: : to remove or dispose of any ' arricades. equipment, supplies,
: :ateriais or other property and repair any conditions which in the
opinion of the City are necessary to bring the public rights-of-way to the
condition prescribed herein, and Cite shall not be responsible for
trespass or any other damage or liability in connection with such removal
or restoration. Grantee shall reimburse City for the cost and expense of
;,11ch removal and,'or repairs immediately following billing for same by
City.
Nothing herein shall be construed as a waiver by City to enforce
penal sanctions prescribed by the Code of the City of Fort Worth and
the la,.z of the State of Texas for Grantee's continuedr encpproach��mrr''ent
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upon the public rights-of-�,vav following termination of this Consent
Agreement.
10.
It is further understood and agreed between the parties hereto that
City holds the city streets, alleys, sidewalks and other public rights-of-
way, including the portions of such streets used and encroached upon as
described herein, as trustee for the public; that City exercises such
powers over the streets as have been delegated to it by the Constitution
of the State of Texas or by the Legislature; and that City cannot contract
away its duty and its legislative power to control the streets for the use
and benefit of the public. it is accordingly agreed that if the goveming
body- of City, to wit, its Cite Council, should at any time during the term
hereof determine in its sole discretion to use or cause or permit to be
used for any public purpose the said encroached portion of the streets,
then this agreement shall be automatically canceled and terminated.
11.
Grantee agrees to comply fully with all applicable federal, state
and local laws, statutes, ordinances, codes or regulations in connection
with the construction, operation and maintenance of said encroachments
and uses.
Grantee agrees to pay promptly when due all fees, taxes or rentals
provided for by this agreement or by any federal, state or local statute,
law or regulation.
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13.
Grantee covenants and agrees that it shall exercise all rights and
privileges granted hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City; that Grantee shall•have
exclusive control of and the exclusive right to control the details of its
operations and activities on said described public property and all
persons performing same, and shall be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees; that the doctrine of respondeat
superior shall not apply as between City and Grantee, i:s officers, agents,
servants, employees, contractors and subcontractors, and nothing herein
shall be construed as creating a partnership orjoint enterprise between
City and Grantee.
1=l.
Grantee covenants and agrees to indemnify,, anC' does hereby
indemnih, hold harmless and defend City, its officers, agents, servants
and employees, from and against any and all claims or suits for properr
damage or loss and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether rea' or asserted,
arising out of or in connection with, directly or indir cc ly, the
maintenance, occupancy, use, existence or location of said
encroachment and uses granted hereunder, whether or not caused, in
whole or in part, by alleged negligence of officers, agents, servants,
7
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employees, contractors, subcontractors, licensees or invitees of City;
and grantee hereby assumes all liability and responsibility of City, its
officers, agents, servants and employees, for such claims or suits.
Grantee shall likewise assume all liability and responsibility and shall
indemnify City for any and all injury or damage to City property, arising
out of or in connection with any and all acts or omissions of Grantee, its
officers, agents, servants, employees, contractors, subcontractors,
licensees, invitees or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming
City as ce Lificate holder, as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to the proposed use
and occupancy of public property as located and described in Exhibit "B".
The amounts of such insurance shall be not less than the following:
Property damage, per occurrence S100,000
Bodily injury, per person 520,000
Bodily injury or death, per occurrence $500,000
With the understanding of and agreement by Grantee that such insurance
amounts shall be revised upward at City's option and that Grantee shall so
revise such amounts immediately following notice to grantee of such
requirement. Such insurance policy shall provide that it cannot be canceled
or amended without at least thirty (30) days' prior written notice to the
Building Official of the City of Fort Worth. A copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
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Certificate of Insurance annually to City on the anniversary date of the
execution of this agreement.
Grantee agrees, binds and obligates itself, its successors and assigns,
to maintain and keep in force such public liability insurance at all times
during the term of this agreement and until the removal of all encroachments
and the cleaning and restoration of the city streets. All insurance coverage
required herein shall include coverage of all of Grantee's contractors.
16.
Grantee covenants and agrees that it will not assign all or any of its
rights, privileges or duties under this contract without the prior written
approval of City, and any attempted assignment %ti ithout such prior w ritten
app.-oval shall be void.
17.
This agreement shall be binding upon the parties hereto, their
successors and assigns.
18.
Should any action, whether real or asserted; at law or in equity, arise
out of the terms and conditions of this agreement or out of the use and
occupancy of City property as permitted hereunder, venue for said action
shall be in Tar-rant County, Texas.
19.
In an,.,, action brought by City for the enforcement of the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorneys'
fees. OIRC A UCOED
OAU 11,f ME
® M-1,11511.A UI5Wa 9
IC
EXECUTED This_ �� day of JANUARY , 2001
GRANTOR: GRANTEE:
CITY OF FOR WORTH SEYFORTH R FING COMP INC.
B BY:
BC ILDitiG OF IC AL
APPR D TO FPR-NM AND LEGALITY: VICE PRESIDENT
TITLE
C[ TTO-EY DATE:
C ,Y SECRE-,AR R.
�AJG -'EC)u 1 REy
Contract Authorization
Date
ROD
yV4Cii(�J 10
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared
t m l�rr►�L, ,known to me to be die person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and cQn�sideration thgreil
expressed, as the act and deed of
and in the capacity therein stated
G VEN UNDER MY HAND AND SEAL OF OFFICE this -1 day
of
JUA�n.. ,.. C, ON
Affiant
Au„cS 06-28-2003
—,°N N ary Public in a d for `
S The State of Texas
'„Nues 06.28-2003
JUANITA JOYCE JEFFERSON
• Notary Public
State of Texas
Comm. Expires 06-28-2003
d 00ID
Cy cp(-- mg)y
STATE OF .TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Nota?:-Public in and
Fo//r��the State of Texas, on this day personally appeared
For.
,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she e-recuted the same for th urposes and consideration therein
expressed, as the act and deed of ey- al f" koo-911Y6 (2n •
and in the capacity therein stated.
GIVE.`" L:%DER MYHAND AND SEAL OF OFFICE this . kh da,,,-
Of 20--G-L .
VIVIAN BANE CMAPBaL
Public
GEor-,E "S- -osADo st�TeMM
Affiant Mb Commission Epp'm
/�
October 23,2004
PR.res�nGNT
Title Vice
!Votary Public in and for
The State of Te-vas
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AC`ORD„ CERTIFICATE OF LIABILITY INSURANCEBATEIMMIMTY)
11-14-2000
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Near North Inhiurancr- Brakerage. of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
13355 Noel ltd, Suite. 1010 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Dallas, IX 75240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ph: 972-866-6925 Fk: 072-866-6944 INSURERS AFFORDING COVERAGE
INSURED INSURERA: Zurich
Sey forth Roofing many, Inc. INSURER e: 1
PO Box 550576 INSLkEkc:
Dallas, TX 75355-0576 INSURERO:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUT-D NAMED ADOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IC TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCT EXPNtAT1UN LIMITS
i TRCENMM UANUTY EACH OCCUkkLNL;t SL 000 OOO
X COMMERCIAL GENERAL LIABIUTY FIRE DAMAGE tAny onn fi* i
CLONS,M4DE ®OCCUR MED DW Ant one rm S 10,000
rERSONALIADV INJURY SL'000'e
A CON 58193229 04/01/2000/01/20 04/01/2001 GENERALAGGREGATE $2 000 000
GEWL AGGREGATE LIMIT APPLIES PER: PROOL:CTS-COMPICP AGC 3213661515
POLICY IX PR4El LOC
AUTOMOBILE LIAWLIrf COMNINFD SINGLE LIMIT 31000000
JL ANY AUTO (Ea Aff.mmI) f f
ALL OWNED AUTOS
A CON 58193278 04/01/2000 04/01/2001 ( Lmmen)
SCI IEDULED AUTOS JR s
HIRED AUTOS
NODILY INJURY - $
RON-OWNED AUTOS (Mer ardasne
PROPERTY CAMAGE S
(Pnr Peddent)
GARAGE UABILRY AUTO ONLY.EA ACCIOFN r S
ANY AUTO OTWFI'tHAN CA ACC S
AUTO ONLY. AGG S
EXCESSLIAWLITYr� EACiOCCURRENCE S
OCCLR F CLAIMS MACE AGGREGATE S
3
DEDUCTIBLE S
RETENTION $ S
OTH
WOWERS COMPENSATWN AND NrcSTATU-c
EMPLOYERS'LIABILITY
E.L EACH AG.^-t7ENT S 500,000
A TC1 59193179 Oh/01/7.000 04/01/2001 E.L DISEASE-EA EMPLOYE" 5 500,WO
E.L DISEASE-POUCY UM T S 500,0W
OTHER
DESCRIPTION OF OPERATIONSILDCATIGNSNEHN LESIDCCLUMONS ADDED BY PMORSEMENTMPECUL PROvtepNS
RECORD
CERTIFICATE HOLDER ADOITIONALINSURED;WBURERIET M: CANCELLATION
SHOULD ANT OF THE A60VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATION
City Or FurL Wur Ul 1%:zas DATE THEREOF,THE ISSUING WSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTTFHCATE HOWER NAMOD TO THE LEFT.BUT FAR I E TO DO 30 311ALL
IMPWE NO OBUCATION OR LIABLITY OF ANY NW UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES. A At
AUTFIORIgO REPREBENTATIV
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ACORD 25-S(7197) 0 ACORD CORPORATION 1998